Legal Opinion

Sawyer v. Kelly

Supreme Court of Iowa

Decided October 19, 1910PublishedCited by 6 opinions

Appeal from Woodbury District Court. — -Hon. Wm. Hutoi-iinson, Judge. Action in equity to enjoin defendant Kelly from selling intoxicating liquors, and to enjoin defendant Magoun from allowing his premises to be used as a place for carrying on such business. There was a decree for defendants, and plaintiff appeals.

1Opinion of the CourtMcClain, J.

On October 13, 1909, under a resolution of consent therefor passed by the city council of Sioux City, defendant Kelly purchased and went into possession of a saloon business in said-city as successor to one O’Conner, who had previously been running a saloon under a like resolution of consent on premises owned by defendant Magoun. Defendant Kelly has continued in the business until the present time, and has conducted the business in accordance with the law. At least there is nothing in the evidence to indicate any failure on his part in this respect. But it is contended that he acquired no…

2Cases cited2 opinions

  1. Geyer v. DouglassSupreme Court of Iowa · 1892
  2. Sigmond v. BebberSupreme Court of Iowa · 1898

3Cited by6 opinions

  1. George Birrell, Inc. v. Fidelity & Casualty Co.Supreme Court of Iowa · 1922
  2. Paschke v. StollerWisconsin Supreme Court · 1926
  3. Andrews v. ArmagastSupreme Court of Iowa · 1918
  4. O'Connor v. O'ConnorSupreme Court of Iowa · 1921
  5. Batten v. Snearly Bros.Supreme Court of Iowa · 1915

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